Spodek Law Group

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Bronx Gun Possession Lawyers

The State of New York has some of the toughest gun laws in the US. Not to mention, the state judges read these laws very strictly.

Criminal Possession of a Firearm (Gun)

In the Bronx, NY, individuals who possess a gun must register the firearm with the state registry. They may be required to update the information about their weapon periodically and include details such as serial number and model. Those who fail to register their firearms as required by the law may face criminal possession of a firearm charges.

Criminal possession of firearm charges fall into three categories. There is the criminal possession of a firearm in the third degree, second degree and first degree.

Criminal possession of a gun in the third degree applies to individuals who were previously convicted of another weapon possession charge or someone who had previously been convicted of a felony or class A misdemeanor within the last five years. It may also apply to individuals who possess an unloaded gun in addition to drug trafficking charges. Criminal gun possession in the third degree is considered a class D felony and attracts a jail term of up to seven years.

Criminal possession of a gun in the second degree applies when an individual possesses a disguised gun with the intent of using it against another person or when the individual possesses five or more guns. Those convicted of criminal possession of a gun in the second degree face up 15 years in prison and heavy fines.

Criminal possession of a gun in the first degree applies to those who possess more than 10 firearms. Those who possess a gun with the intent to use it to harm someone may also be charged with criminal possession of a gun in the first degree. The chargers are considered class B felonies and may attract up to 25 years in prison.

Apart from the first, second and third degree charges, there are other penalties offenders can face for possessing a gun in the Bronx. Offenders can be charged if they possess a gun in certain places, like school grounds, sports centers or airports. In some cases, they can be charged for simply being in a restricted room with a gun. Under the New York laws, the presence of a gun in a room, structure, public transport vehicle or dwelling is a presumptive evidence of an unlawful possession by everyone in that place.

Developing an Effective Defense Strategy

The consequences of criminal gun possession are no laughing matter. You can land in a prison for up to 25 years and pay heavy fines. Therefore, you need to build an effective defense strategy that works in your favor. For example, if the police violated the rules of a search warrant in any way before arresting you, you may ask the judges to dismiss the case. If your constitutional rights were violated during and after the arrest, you can question the foundation of the charges.

You can also claim that you were not in possession of the gun at the time of the arrest or that the gun was implanted on you by one of the officers. Make sure you talk to a lawyer to help you come up with a strong defense strategy.

Hiring a Lawyer

Given the potentially life-changing events that follow when you are charged with criminal possession of a gun, it is important you get an experienced Bronx gun possession lawyer. An experienced lawyer understands the penalties and the legal facts surrounding a gun possession case. He will use his advanced level of experience and deep understanding of the law to build an effective defense strategy.

While experience is very important, a good lawyer should also be a specialist. Avoid individuals who combine criminal defense with other areas of law. They will not give you proper attention.

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